(a) In this subtitle the following words have the meanings indicated. (b) “Acknowledgment” means a declaration by an individual before a notarial officer that: (1) the individual has signed a record for the purpose stated in the record; and (2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed […]
This subtitle applies only to a notarial act performed on or after October 1, 2020.
(a) Except as provided in subsection (b) of this section, a notarial officer may perform a notarial act authorized by the laws of the State. (b) (1) A notarial officer may not perform a notarial act with respect to a record to which the notarial officer or the spouse of the notarial officer is a party, or in […]
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that: (1) the individual appearing before the notarial officer and making the acknowledgment has the identity claimed; and (2) the signature on the record is […]
(a) Subject to subsection (b) of this section, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. (b) A remotely located individual may comply with subsection (a) of this subtitle by using communication […]
(a) A notarial officer has personal knowledge of the identity of an individual personally appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer has satisfactory evidence of the identity of an individual personally […]
Unless otherwise prohibited by law, a notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (1) the individual executing the record is competent or has the capacity to execute the record; or (2) the individual’s signature is knowingly and voluntarily made.
(a) If an individual is physically unable to sign a record, the individual may appear before the notarial officer and direct another individual other than the notarial officer who is concurrently appearing with the individual before the notarial officer to sign the individual’s name on the record. (b) If another individual is directed to sign an individual’s […]
(a) A notarial act may be performed in the State by: (1) a notary public of the State; (2) a judge, clerk, or deputy clerk of a court of the State; or (3) a magistrate appointed by a court of the State. (b) The signature and title of an individual performing a notarial act in the State are prima facie […]
(a) A notarial act performed in another state has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed in the other state is performed by: (1) a notary public of that state; (2) a judge, clerk, or deputy clerk of a court of that […]
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by: (1) a notary public of the […]
(a) A notarial act performed under federal law has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by: (1) a notary public of a court; (2) an individual in military service or performing duties under the authority of […]
(a) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of this State as if performed by a notarial […]
(a) Except for a notarial act being performed with respect to a will, as defined in § 1–101 of the Estates and Trusts Article, or a trust instrument, as defined in § 14.5–103 of the Estates and Trusts Article, a notary public located in this State may perform a notarial act using communication technology for a […]
(a) (1) Each notarial act shall be evidenced by a certificate. (2) The certificate shall: (i) be executed contemporaneously with the performance of the notarial act; (ii) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the clerk of the circuit court […]
(a) The short form certificates of notarial acts in subsections (b), (c), (d), (e), (f), and (g) of this section are sufficient for the purposes indicated if: (1) the certificate is completed with the information required by § 18–215(a) of this subtitle; and (2) if required under § 18–215(b) of this subtitle, the official stamp of the notary […]
(a) The official stamp of a notary public shall: (1) include: (i) the notary public’s name and office; (ii) 1. if the notary public resides in the State, the county in which the notary public resides; or 2. if the notary public resides outside the State, the county in which the notary public was qualified; and (iii) any other information required by […]
(a) (1) (i) Each notary public is responsible for the security of the notary public’s stamping device. (ii) A notary public may not allow another individual to use the stamping device to perform a notarial act. (2) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in […]
(a) (1) Subject to subsection (f) of this section, each notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. (2) The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. (b) (1) A journal may be created […]
(a) (1) A notary public may select one or more tamper–evident technologies to perform notarial acts with respect to electronic records. (2) A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (b) (1) Before a notary public performs the notary […]
